Cody

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 CALVARY CHAPEL SAN JOSE, et al., Case No. 20-cv-03794-BLF

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

SARA CODY, et al., Defendants.

12 This case involves the intersection of the religious freedom of some and the public health of all. Plaintiffs Calvary Chapel San Jose, Southridge Baptist Church of San Jose California d/b/a Southridge Church, Mike McClure, and Micaiah Irmler (collectively “Plaintiffs”), are suing certain Santa Clara County officials in their official capacities—Dr. Sara Cody, Santa Clara County Public Health Officer, and the individuals who serve as Santa Clara County Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenber, and Joe Simitian—for violating their First Amendment and state constitutional religious freedom rights and state constitutional right to privacy with a County public health order aimed at stopping the spread of the COVID-19…